Man guilty of second-degree murder in fatal 2012 gas-and-dash theft

A jury has found a 44-year-old man guilty of second-degree murder five years after he killed a gas station attendant during a gas-and-dash theft in Toronto.

The verdict was announced in the University Avenue courthouse on Tuesday.

During the trial, Max Tutiven admitted he killed Jayesh Prajapati, 44, on Sept. 15, 2012, but claimed it wasn’t intentional.

When Tutiven tried to flee a Shell gas station in midtown Toronto after stealing $112.50 worth of gas, Prajapati ran out in front of the SUV to stop him, waving his arms in a bright orange shirt.

Crown lawyer Jenny Rodopoulos said Tutiven deliberately drove into Prajapati, dragged him until he became dislodged and proceeded to drive over him. Tutiven then continued driving down Roselawn Avenue, leaving Prajapati to die.

Tutiven admitted to being a lifelong fraudster and said he has been stealing gas three or four times a week since he was 16. He claims he has never been arrested for gas theft and has never had an attendant run after him before Prajapati.

He has 40 prior convictions, but said he has stopped driving and stealing gas since Prajapati’s death.

Tutiven evaded capture for three years while living in Montreal.

He will be sentenced next month.


Related stories:

Man accused of gas-and-dash murder says he didn’t see attendant

Trial begins for 2012 ‘gas-and-dash’ murder

Suspect arrested in Toronto gas attendant killing


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